Supremacy Clause trumps Nullification Doctrine

Thanks to all for making Crane’s birthday yesterday a special occasion.

You all have thoughtful comments (YAHTC) posted a comment responding to Xena at 6:06 am. The comment includes an interesting quote from a person using the internet name TJefferson-1649275.

TJefferson-1649275 says:

The situation inside the Republican Party is serious. The poorly educated, far right wing, extremist, fanatics in the Party are moving toward demanding the states’ rights doctrine of “Nullification.”

They argue the Constitution reads that any given state, not the U.S. Supreme Court has the authority to declare a law unconstitutional in any given state. In other words, a state has the constitutional authority to “nullify” a federal law and therefore not obey it within the geographic bounds of that state. It is true that Jefferson and Madison made that argument in their Kentucky and Virginia Resolutions, but it is also true those Resolutions never did pass the Congress. The issue was resolved in 1803 when Chief Justice John Marshall and the U. S.Supreme Court ruled in Marbury vs Madison that the Court had that authority.

The poorly educated, far right wing, extreme, fanatics in the Republican Party today are joining together in an organization called the 10th Amendment Society to demand the states adopt the “nullification doctrine.”

Why? One of the main reasons is to nullify the 1954 Brown v. Topeka Board of Education decision, the decision that ordered segregation was not constitutional and that the United States would integrate at all deliberate speed. So, if the nullification doctrine were put into place, Arkansas legislature or the Mississippi legislature, or the Alabama legislature could nullify the Brown case and return the state to segregation. Not possible you say? Then, take a look at the voter statistics for those states and see how many whites voted for Obama.

Think about that very real possibility and then let your mind run free to all of the other federal laws that could be nullified within the borders of the fifty states. In effect, nullification means that each state is a separate country and that therefore the United States is nothing more than a confederation of united states of america.

#159.2 – Sat Nov 10, 2012 7:40 PM EST

People who believe in nullification do not know the U.S. Constitution.

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

So much for the nullification doctrine.

These fools want to restart the Civil War so that they can reinstate segregation and slavery.

I believe they represent a far greater danger to our peace and security than Muslim terrorists.

The 18:1 law. War on drugs is a way to “regulate addictive substances because they cause societal problems.” If only that were true…. Blaming drugs for societal problems is just a way for the “ruling class..whites” to not deal with real problems of a capitalist society…poverty and unemployment.

The Dream Defenders have been sitting outside Gov Scott’s office to protest the SYG law. The DD have been there 2 weeks (since July 16th).
“On Saturday afternoon, the group took to Twitter to alert its 8,200 followers that they couldn’t get food. “FDLE (capitol police) won’t allow meals to come in for us to eat!,” @Dreamdefenders tweeted at 3 p.m.

An hour later, they tweeted: “One of the female officers told us that if we’re hungry that we can leave.”

I’ve wondered how Gov Scott could stay away from his office for two weeks. What is he doing? Scott doesn’t get paid, so taxpayers can’t complain about wasting taxpayer dollars. Scott does what he pleases. His poll rating in the beginning was 29%. He’s running for reelection.

He doesn’t have to worry about getting paid. Scott funded his campaign. Latest figures show that his fortune has dwindled 19% since getting into office. But it was speculated that Scott could have moved the $$$ to his wife – she is not obligated to divulge her assets.

“Scott announced his intention to run for Governor of Florida in 2010. He defeated Bill McCollum in the Republican primary election and defeated Democratic nominee Alex Sink in a close race in the general election, spending roughly $75 million of his own money in the process.[8] Scott’s net worth was estimated at $218 million in 2010 and $83 million in 2012.[9]”
wikipedia

“Scott reported a net wealth of more than $218 million in June, but a St. Petersburg Times review found that Scott is likely worth much more. He has tucked away at least tens of millions of dollars in a trust under his wife’s name and in a family limited partnership — holdings that are not required to be part of his financial disclosure.”

What it all comes down to is there are certain group/people that have been trying to ease history, turn back laws enacted to protect minorities and women.

Their biggest accomplishment to date has been the dumbing down of the electorate and fear mongering. It is a shame that in this day and age they can still use fear of the black man to get people to agree with them.

Yes, a2nite, the projection of white guilt is a FEATURE of white supremacy. Another feature of white supremacy is the denial of white supremacy, similar to the projection of white guilt except it doesn’t require seeking black people o others as aggressive. It has many features.

Yes, a2nite, the projection of white guilt is a FEATURE of white supremacy. Another feature of white supremacy is the denial of white supremacy, similar to the projection of white guilt except it doesn’t require seeing black people or others as aggressive. It has many features.

Exactly! And, being gainfully employed, elected into political office, including President of the United States is just too much for White Supremacists to live with. Heck! Blacks are even appearing in movies in non-stereotype roles!

Dear Professor, I have long observed that so much of the Republican agenda seems to be a series of attacks on the 14th amendment. Whether we are considering citizenship issues (of “anchor babies” or of the unborn zygote/fetus) or considering the full faith and credit of the U.S. debt, or considering whether a corporation is a person entitled to equal protection–it is one attack after another upon the 14th amendment.

Now Republican-controlled states can control voting in their favor, ensuring political victories for the GOP.

“With its ruling today on the Voting Rights Act, the High Court has dealt a victory for states’ rights and sovereignty – releasing Arizona from a nearly 40-year federal stranglehold over our voting system. The Chief Justice, writing on behalf of the majority, reiterated this important point in today’s ruling. He said, ‘the Framers of the Constitution intended the States to keep for themselves, as provided in the Tenth Amendment, the power to regulate elections.’
Jan Brewer, Governor of Arizona

The War of Northern Aggression? I’ve heard that, too, from people ignorant of history. It was the South that started the war with several states seceding, then by attacking Fort Sumter. The southern states, South Carolina the first, seceded in order to protect slavery and to object to states’ rights as practiced by northern states that passed laws contrary to the federal law that required runaway slaves, i.e. property, were to be returned to their “owners”.

So maybe with the laws protecting runaway slaves the northern states started the conflict. Or maybe it was the founding fathers who endorsed slavery. Or maybe it was the European bankers who backed both sides in order to keep the US from growing too fast economically, overtaking the Europeans. Or maybe…..

The Fugitive Slave Law of 1850 empowered the federal government to find and return slaves in any state to their “owners”, regardless of the length of time the slave had been “free”. This was met with resistance in the north with several states enacting laws that encumbered the federal commissioners who were charged with finding and returning the slaves. MA enacted a law that directly challenged the Fugitive Slave Law. States rights/nullification in action.

The southern response, beginning with South Carolina, was secession, citing slavery as its reason. Other states in the south tended to copy the SC proclamation of secession. VA had determined that its best economic opportunity was the breeding and selling of slaves. Since slavery was the cornerstone of the southern economy, it’s fair to say that their economy was an important factor, b/c without slaves, their economy would be in dire straits. But the proclamations of secession identified the preservation of slavery as the reason for their action.

The firing on Fort Sumter, a federal installation in South Carolina, was a deliberate act of aggression that Lincoln decided to not ignore. The war was on.

bettykath~ And YET the Southern “apologists” DENY that slavery was the KEY reason for secession, EVEN THOUGH IT’S RIGHT THERE ON PAPER! The new South is trying to rewrite history to say that the South seceded because of “states rights” and economic reason, which sounds better I suppose than “we gotta keep our slaves in order to make money.”

We agree. But in a way it was about states’ rights, but not that the south wanted to execute states’ rights but that the north was by passing laws that were intended to thwart/nullify the Fugitive Slave Law.

Secession was considered legal by some who saw the states joined by mutual agreement, a many in concert, rather than a many as one. This was the arrangement with the Articles of Confederation. Each state was independent but they were joined for mutual defense. The new Constitution changed that but there were those who didn’t accept the new arrangement. Interestingly, that mindset is one of the reasons the south didn’t prevail in the war. The states in the Confederacy acted independently, as the states did under the Articles of Confederation. While the Union had one army, even if units tended to be from one state or another, the needs of each unit was met by the federal government, not the individual states. The Confederate states each had their own army that operated more or less independently. If one states’ army needed something, another state may or may not have responded. In one case, an army was wearing tattered rags, another state had plenty of uniforms but refused to release to any but their own army. (don’t remember which army or which state right now.)

Every time I hear someone hollering “race war” I think to myself, “you don’t know what you say.” I believe that a future race war (if any) will be between racists and non-racists; definitely not strictly between black/white.

I do wish one state could secede. I’d love to have all the racist pigs in one spot.

So now we have 10th Amendment Society to compliment the 2nd Amendment “Patriots”.

I can vouch for that! Richmond is still trying to get Northern Virginia (the DC suburbs) kicked out of the State because it’s populous enough to swing Presidential elections blue! Damn that War of Northern Aggression!

Linda~ LOL! I grew up in Maryland and I NEVER heard the Civil War called the War of Northern Aggression until I moved to Texas! Blew my mind! Too bad we didn’t call it the War of Southern Stubbornness.

My daughter lives in Winchester (Northern end of the Shenandoah Valley) and she told me that George Washington HATED Winchester, because the people were so fickle they changed sides depending on who they were talking to! I think she said 29 times.

The UNION was not the North. The Union was the whole country; the South chose to jump out of the Union because the North did not agree that individual southerners could ride into the North and impose their own states’ laws in other people’s states to “retrieve” their “runaway slaves.” What wasn’t admitted, of course, was that these were simply raids during which any Black person they caught could be “returned” to some person in the South who would swear to a judge that it was their runaway slave — and since no Black person could testify (sorta like Sanford, FL but there, they could testify but who cares?) there was nobody to say to the judge, “No I’m NOT Massa Jackson’s Sam!”

When you look at the individual acts of aggression that were happening they all begin to look very much like:

“Then he said ‘what’s your fuckin’ problem homie’ and he punched me in the nose and I fell down.”

It should be called the War of Ignorance. To me, I’m repeating history all over again. Jim Crow, been there, did that, done that. Some folks just don’t want to move forward they love clinging to the past.

Now, I worry about my grandson, nephew, great-great nephews, and younger male cousins’ present and future. If it’s not one thing, it’s another.

Sorry meant to add “s” on the end of nephews and grandsons. Forgive me if I am grammatically mess this afternoon. I’m trying to save my brain and energy for the fight up ahead, which if it was anything like the one in the past, it is going to be dangerous, bloody, and full of deception and trickery. Nevertheless, I’d rather die standing on my feet than on my knees.

Something like NYS where the upstaters, mostly Republicans, would smile if the heavily democratic NYC were to declare itself an independent state. There are still lots of democrats in the upstate cities but elections might swing either way without NYC. I’d vote to keep NYC regardless if they’d pass a tax on buy/sell financial transactions

Fred, that quote from the Constitution is just YOUR idea of how it is. 😉 “They” don’t believe that Constitution is right, so it doesn’t count. Except the 2nd Amendment, I guess.

Meanwhile, I don’t know how you’ll do this, but somehow try to spread the idea that having everyone at local level ELECTED (especially judges, prosecutors and police chiefs) is where there is too much Government — not at Federal level. Tuning the economy, foreign policy, systems to help the needy, etc has to be done on a large scale. Nationwide, continent-wide, infrastructure has to be on a large scale, too.

JUSTICE is local. It should be meted out by professionals promoted on merit and answerable to a whole State, not just to a few thousands in their own little 100 square mile kingdom. He who pays the piper calls the tune….. that’s why you get JUST US — it’s for the campaign contributors and voters.

No, you get screwed if you’re black with a record. Not so much if you’re white. Also they (white people) get lessor sentences. Why is the evil crime in injustice system filled with back people? it is because someone wants it that way.

Say you have a State with 50 counties. That is 50 different sets of laws to live under (plus State and Federal ones).
The police, prosecutors and judges in each county are LOCAL. Elected. Elected by those with money for their campaigns and those not disenfranchised by various means from voting. Whose side will these all be on?

So one county has a terrible record. Say the cops shooting 10 people a week and the prosecutor goes for death penalty on the survivors, the (local) public defender spends 3 minutes with each one and the courts railroad all of them.

Nobody else anywhere else CARES. “That is over there. My county is ok”. Even if they care, what can they do? if you live in County A you can’t vote out the corruption in Country B.

That leaves only a few thousand already powerless people, in the same bad county, to object. If they do a public demonstration, the same local cops can start harassing them.

Now, in a state-wide appointed system, everyone else would have to care about that bad county. Because next year those killer cops and death penalty judges might get transferred to THEIR town. Because THEIR town is overseen by the SAME state-wide organisation that oversees (or fails to) that bad county.

Cops or prosecutors or judges being dirty in ONE place then become the business of everyone else in the same State. Similar corruption in other towns then gets exposed because it is RELATED. The voice of the millions of residents can demand the service be cleaned up, for the whole State. They can even draw comparisons with other States, to make their own leaders look bad.

You can’t expect anything except corruption while you allow situations where the judge’s son is the sheriff, his daughter the prosecutor and her boyfriend the public defender. Stop these being local elected positions and half your corruption disappears.

“These fools want to restart the Civil War so that they can reinstate segregation and slavery.”

They can try but enslaving blacks will never happen again. Segregation -all racists should be limited to one state all of their own to FU any way they see fit and the rest of the US avoid them and their businesses like the plague.

Are you sure? Take a look at the prisons. They are being filled with black and brown faces. Lots of privately run prisons where tax payers foot the bill. In many of these prisons the owners make deals with corporations to have the inmates produce products. The inmates get a pittance for their efforts, the owners get a big bonus and the corporations get cheap labor. Slavery takes many forms.

Right, Bettykath, and furthermore, THIS new technologically enhanced form of slavery is much more efficient. You do not have the major population of the country trying to effectuate emancipation. You do not even have an understanding, in the general population, of what is happening.

I think rage is an important component for people to use. The fact that we don’t have any particular one mockable target is not really relevant; if we don’t wise up quickly (and I believe we won’t), the inexorable progression to the corporate court police state will be quicker and more shocking than most of us are willing to admit or even contemplate.

In fact I saw this coming and it came by means of judge-made law and paid-for predecisions undoing the civil rights era in a nearly silent but insidious way. (80% of our appellate decisions all around the country are called “unpublished” or “unreported” decisions which just means judicial tyranny that doesn’t lead to any oversight whatsoever.) In 1986 (I believe it was) when a child named Joshua DeShaney lost all his rights, the then Chief Justice of our Supreme Court made a decision that did for children what the Dred Scott decision had done for Blacks 140 years earlier: Just destroyed their life interests in favor of governmental or corporate powers (which were in both cases indistinguishable).

That and the “war on drugs” which turned into a “war on those drugs the expensive doctors don’t sell” preceded the economic conditions that just sped up the process. I’m pretty pessimistic about any possibility of avoiding the worst effects within the next few decades, really, because those who oppose this take-over haven’t got the big guns.

I keep wondering about the war on drugs. I mean I understand but why isn’t there a war on pedophiles and those who kidnap people never to be seen again. Then the light comes on….it isn’t a money maker. Yes lets keep those who have drugs in prison for life but let those pesky rapist go. Go figure.

Here is an excerpt from a book entitled “Gather at the Table: The Healing Journey of a Daughter of Slavery and a Son of the Slave Trade” by Thomas Norman DeWolf and Sharon Leslie Morgan:

Nixon used blatantly racist tactics to succeed politically. Incorporating vitriolic law-and-order language (blaming black people and communists for riots and unrest), he and others set the stage for a shift to a new system.

Thus began a new era of mass incarceration of black people in the prison system that continues today. With the creation of the war on drugs, people of color were targeted by law enforcement. Alexander (in her book The New Jim Crow) cites horrifying statistics: by 1991, fully one-quarter of young black men were un the control of the criminal justice system. By 2006, although “people of all races use and sell illegal drugs at remarkably similar rates,” 1 in every 14 black men was behind bars (1 in 9 for those twenty to thirty-five years old) compared to 1 in 106 white men.

Both major political parties supported these efforts. The onslaught continued under Reagan and reached its peak during the Clinton administration’s implementation of “tough on crime” policies, which resulted in the largest increase of prison inmates in US history.

The system is now so deeply embedded it will take activism on the scale of the civil rights movement to undo it. It is unlikely that will happen any time soon because once a political tool becomes institutionalized, it is no longer a tool. It’s just the way things are–much like segregated drinking fountains once were. It becomes the American way of life.

We need to end the War on Drugs, release all nonviolent offenders from our prisons and jails, restore their civil rights and guarantee them and everyone else willing to work a job with a living wage and benefits.

White men and women are sent to prison too. The difference is that after they have served their time, companies still hire them. At the same time, HR depts read arrest records for minorities and if they see a traffic violation, they refuse to hire.

It’s not one huge well organised conspiracy. There are a lot of groups and individuals with agendas or wishes or dreams that are roughly in the same direction. There are some overlaps. There are many unspoken things. No need to speak, when they see something that may further THEIR agenda, they’ll do it, without really considering they’re helping the other by doing so. Add in some hand washes hand. Add in some open bribery. Add in some not too veiled threats.

It is not one big conspiracy, and certainly not a world domination mastermind James Bond type of setup. (Well yeah, okay, there’s a bit of world domination in the mix, usually disguised as helping other people get freedom, and shock horror when they say no thanks).

It is not a system. It is a lot of vaguely aligned individuals (and organisations they’ve set up) holding hands, not a single organism. Break some of the links, some of the others will fall down. (Hint: money talks. Scandals also talk, and the more fundamentalist they are the deeper the scandal if you can find it).

Let’s leave out comparisons with Hitler and other extreme dictatorships: leave that to their blind followers (too dumb to even come up with their own ideas).

This is the here and now. See it as it is, and deal with it as it is. Use the tools which didn’t exist back then (internet for example).

Keep rage and outrage private. It always detracts from your argument. It makes you sound like Rush and Sean who are on the way out. Or makes you sound hysterical.

Mock them, laugh at them. Don’t honour their craziness by being seen to take them seriously.

Sybrina Fulton and Tracy Martin, along with their attorney Benjamin Crump, are set to join others for a news briefing at the National Bar Association’s annual conference in South Florida this morning.

According to a statement from the National Bar, the legal community and civil rights leaders will address “inequalities in the U.S. Justice System,” at the 9 a.m. conference.
…
n a statement released after Zimmerman was acquitted of Trayvon’s death, National Bar Association President John E. Page stated: “The verdict says an unarmed college-bound Black teen can be profiled, stalked, confronted and killed by an armed neighborhood watchman with hollow tip point bullets. We express our heartfelt condolences to Trayvon Martin’s family on this tragic verdict. We also say ‘Enough is Enough — It is NOT OK to kill our youth.’ ”

Well it didn’t turn out so good for them the last time, and there’s no reason to believe it will be any different now.
I would recommend a few good history books for the idiots to read, if they can read. If not, then a picture book will get the message across just as well.
Idiots.

Seems that to clean up this problem of vigilantes without authority taking actiom, there is aa critical need to clean up the authorities and those who subvert justice, like wives of space lawyers and corrupt politicians.

Roy Middleton was attempting to get a cigarette from his elderly mother’s car early Saturday morning when he turned around to see multiple deputies pointing their guns at him moments before they opened fire, according to the Pensacola News Journal.

The incident started when a neighbor saw Middleton reaching into the car, which was parked in his driveway, around 2:30 a.m. and called 911 thinking it was a robbery. Middleton, 60, was searching the car for a cigarette when he heard “Get your hands where I can see them.”

Middleton told the Pensacola News Journal that he initially thought it was a neighbor playing a prank until he turned his head and saw the deputies standing on his driveway. He immediately backed out of the vehicle and put his hands in the air. He said the deputies from the Escambia County Sheriff’s Office began to fire by the time he had turned to face them.

Middleton was shot once in the leg and his mother’s car was also shot. He said the deputies didn’t offer him an apology or explanation.

“It was like a firing squad,” he told the Pensacola News Journal. “Bullets were flying everywhere.”

The names of the involved deputies have not been released, although they have been placed on administrative leave, according to the Pensacola News Journal.

Oh yes, the photo shows that once the man turned around with hands up, they saw his black pigmentation.

FDLE investigates, deupites on PAID leave, and Roy Middleton, was like Trayvon, where he should have been, was his home.

Sheriff’s Office giving a press conference today at 3 PM. Deputies told the victim’s mother to stay in side and not come out. Of course, good policy to protect the innocent from supporting her son, that is, before the deputies got their stories straight about the need to shoot. What, did he have something in his hand? Was that it?

And how was it that they arrived so fast? Or did it just take Toy a long time searching for cigs?

Agree, and the threats from afar, are the reasons for the strong ‘homeland’ security, the Blackwater. Didn’t Hitler use the same term when closing his own society, “Homeland’?

This is not the topic of the article, but another reason some of the ‘fools’ might fall into this neo-nazi category, following other Hitler dreams of a pure society, one where no tolerance of whites if they have a defect, born or become deaf from illness at a young age, would not fit in that new order either.

Why is the US in such trouble? Those who would poison, control a jury, now have it in their pocket, we learned from the GZ trial. Jurors can now vote their conscience and not the law, by fitting their understanding of the law to the need.

Sophia, go back to the fogen is a menace thread. We seemed to agree that celebrating Crane-station’s birthday was more interesting and fun than talking about you know who. Lots of great links if you’re in the mood to party.